STURCHLER v. SUTHERLAND

No. 205.

23 F.2d 414 (1928)

STURCHLER v. SUTHERLAND, Alien Property Custodian, et al.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.


Attorney(s) appearing for the Case

Barnes, Avery & Whiting, of New York City (Earl B. Barnes and Brainard Avery, both of New York City, of counsel), for appellants.

William A. DeGroot, U. S. Atty., of Brooklyn, N. Y. (Thomas E. Rhodes and Dean Hill Stanley, both of Washington, D. C., of counsel), for appellees.

R. R. Loening, of New York City, amicus curiæ.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

It is contended by the government that the plaintiff should not prevail, because under the provisions of section 9 (d) his distributee, Mrs. Von Reichenau, was a person not eligible as a claimant under subsection (c), for the reason that (c) was limited by (b), to which it referred, to that class of preferred claimants who were owners of the property at the time it was seized. If plaintiff's argument...

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